R. SUBBIAH, J.

The appellant is the plaintiff in O.S. No. 17 of 2005 on the file of District Judge, Ootacamund, The Nilgiris District. She has filed the said suit as against her brother, who is arrayed as first defendant, for the relief of declaration to declare that her mother, deceased Zohara Jaffer Abdul Rahaman, was the absolute owner of the plaint schedule mentioned property and the recitals contained in the sale deed dated 27.01.1960 that after the death of Zohara Jaffer Abdul Rahaman, the suit property will devolve on her son/the first defendant absolutely as null and void, unenforceable; for partition of the plaint schedule mentioned property by metes and bounds into four shares and for allotment of one such share to her and to put her in exclusive possession of her share and for costs. In the said suit, the plaintiff has arrayed her sister as second defendant. The trial court dismissed the suit by the plaintiff on 10.10.2006 against which she has come forward with the present Appeal Suit.

2. For the sake of convenience, the parties in this appeal are referred to as per their ranking in the suit as plaintiff and defendants.

3. The case of the plaintiff, as could be unfolded from the averments made in the plaint filed before the trial court are as follows:-

(i) The plaintiff and the defendants are the children of late. Jaffar Abdul Rahaman Sait and Mrs. Zohara Jaffar Abdul Rahaman. The mother of the plaintiff and defendants namely Mrs. Zohara Jaffar Abdul Rahaman has entered into an agreement of sale dated 08.12.1959 with one Louise Ann Hawke for purchasing the suit property called 'Erin Villa' for a total sale consideration of Rs.39,000/-. In pursuance of such agreement of sale dated 08.12.1959, the mother of the plaintiff and defendants namely Mrs. Zohara Jaffar Abdul Rahaman has purchased the suit property by way of a registered sale deed dated 27.01.1960. According to the plaintiff, even though the entire sale consideration for purchasing the suit property was paid by the mother of the plaintiff and defendants namely Mrs. Zohara Jaffar Abdul Rahaman out of her self-earned funds, in the sale deed dated 27.01.1960, the name of the first defendant/first respondent herein, who was minor at the time of such purchase, was also nominally included as second purchaser at the suggestion of the father of the plaintiff and defendants. Likewise, the recitals in the sale deed would indicate that after the death of the mother Mrs. Zohara Jaffar Abdul Rahaman, the first defendant would be entitled to the suit property absolutely and this was also included at the instance of the father of the plaintiff and defendants. According to the plaintiff, such recitals in the sale deed was incorporated without the consent her mother Mrs. Zohra Jaffar Abdul Rahaman. Further, the mother has informed the first defendant, who is the brother of the plaintiff, on more than one occasion that he is not entitled to the suit property absolutely by virtue of his name being incorporated in the sale deed, as second purchaser, and as such all her children should inherit the properties as per Shariyat Law and the first defendant also agreed for the same. Further, the first defendant, after his marriage, had left the suit property and was residing at Bangalore. It is only the plaintiff, being a spinister, has all along maintained and taken care of her mother till her death on 08.10.2004 by staying in the suit property. Her father Abdul Rahaman died on 13.11.2004.

(ii) According to the plaintiff, the wishes of her mother late. Zohara Jaffer Abdul Rahaman were written in a note book maintained by her in her own handwriting wherein she has also written about the suit property. In the notebook, it was mentioned that after her death, the suit property has to be enjoyed by all her children namely the plaintiff and the defendants as per Shariat Law. It was also written in the note book that she had purchased the suit property by withdrawing her savings amount